Rampal vs State Of Rajasthan ...
2023 Latest Caselaw 8002 Raj

[2023:RJ-JD:32983]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1025/2023

Rampal S/o Shri Bhanaram, Aged About 27 Years, R/o Levara Bavdi Ps Khedapa Dist. Jodhpur Raj. (Presently Lodged In Dist. Jail Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/10/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

11.08.2023 passed by the learned Special Judge, NDPS Cases,

Pratapgarh in Special Sessions Case No.29/2019 whereby he was

convicted and sentenced to suffer five years' rigorous

imprisonment along with fines of Rs.50,000/- each under Sections

8/15 and 8/25 of NDPS Act.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court.

[2023:RJ-JD:32983] (2 of 3) [SOSA-1025/2023]

Hearing of the appeal is likely to take long time, therefore, the

application for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. The recovered contraband is well below demarcated

commercial quantity. The embargo contained under Section 32-A

and 37 of NDPS Act is not attracted in this case. It is not disputed

that the similarly situated co-accused has already been enlarged

on bail. The case of the present petitioner, the quality of evidence

and the nature of accusation are not distinguishable as well as the

fact that the petitioner is lodged in Jail.

6. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, the hearing of appeal is likely to take further more time

and considering the overall submissions while refraining from

passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse effect

on hearing of the appeal, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

appellant.

7. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Judge, NDPS Cases,

[2023:RJ-JD:32983] (3 of 3) [SOSA-1025/2023]

Pratapgarh who passed the impugned order 11.08.2023 in Special

Sessions Case No. 29/2019 against the appellant-applicant-

Rampal S/o Shri Bhanaram shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 06.11.2023

and whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 218-divya/-

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